9 Sept 1994
AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
- Citation
- AVION INVESTMENT LTD v. MAN YUN KWAN AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDMP1049/1993
The Tribunal found on the evidence that the 1984 change of principal tenant resulted in a surrender by operation of law and the creation of a new tenancy governed by Part IV of Cap.7 (not a legal assignment or estoppel). As a result s.119P(8) rendered the sub-tenants direct tenants of the landlord with Part IV protections. Because the Tribunal could not, on the present facts and given the likely delays and statutory protections, fix the mandatory commencement/completion dates required by ss.53A(2)(b)/119F(2)(b), the landlord could not satisfy the mandatory condition for an order for possessio…